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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
2
Case No. MISSING
Regular Panel Decision

People v. Gans

This court opinion addresses whether a certified social worker can be qualified as an expert witness to provide testimony regarding a defendant's mental capacity to proceed and future competency. The defense sought to qualify Hillel Bodek, a certified social worker specializing in forensic clinical social work, as an expert witness for these purposes. The court meticulously reviewed the qualifications of clinical social workers, acknowledging their critical role in the diagnosis of mental disorders, including their involvement in the development of the DSM III. Despite statutory provisions in CPL article 730 outlining who may serve as psychiatric examiners, the court emphasized that other appropriately trained and experienced experts can also offer testimony on competence. Ultimately, the court ruled in the affirmative, concluding that certified social workers with demonstrated training and supervised clinical experience in diagnosis and capacity assessment are qualified to provide expert testimony on these crucial issues.

Expert Witness QualificationCertified Social WorkerMental Capacity AssessmentCompetency to ProceedForensic Mental HealthDiagnostic AssessmentPrognostic StatementsCriminal Procedure Law Article 730DSM IIINon-Medical Expert Testimony
References
13
Case No. 2024 NY Slip Op 05361
Regular Panel Decision
Oct 30, 2024

Rogers v. Peter Scalamandre & Sons, Inc.

The plaintiff, Michael Rogers, an employee of Certified Interiors, Inc., sustained personal injuries at a construction site when a boom lift he was operating suddenly malfunctioned. Rogers initiated an action against Peter Scalamandre & Sons, Inc., the general contractor, alleging violations of Labor Law §§ 240(1) and 241(6). Scalamandre subsequently filed a third-party action against Certified for contractual indemnification and breach of contract for failure to procure insurance. The Supreme Court granted Rogers' motion for summary judgment on Labor Law § 240(1) and largely denied other motions. The Appellate Division modified the Supreme Court's order by granting Certified's motion to dismiss the contractual indemnification claim, deeming it void under General Obligations Law § 5-322.1 due to Scalamandre's negligence, and otherwise affirmed the lower court's rulings.

Personal InjuryConstruction AccidentBoom Lift MalfunctionLabor Law § 240(1)Labor Law § 241(6)General Obligations Law § 5-322.1Contractual IndemnificationSummary JudgmentAppellate ReviewThird-Party Action
References
32
Case No. MISSING
Regular Panel Decision

F. G. Compagni Construction Co. v. Ross

Petitioners appealed judgments that had annulled certain prevailing wage and supplement redeterminations and notices to withhold payment issued under Labor Law sections 220 and 220-b. They contended that the respondent failed to ascertain prevailing wages and supplements by investigating workers in the defined 'locality,' instead conducting county-wide surveys and using union wage rates without proving majority union membership. The court affirmed the vacatur of redeterminations, finding the respondent's methods deviated from statutory mandates and that 1978 amendments to Labor Law section 220 were not retroactive. However, the court modified the judgments by reversing the annulment of notices to withhold payment, ruling that petitioners should have exhausted administrative remedies before seeking judicial review on that matter.

Prevailing WageWage RedeterminationsLabor Law ComplianceStatutory InterpretationAdministrative ReviewRetroactivity of LawPublic Works ContractsUnion Wage ScalesLocality DefinitionExhaustion of Administrative Remedies
References
7
Case No. MISSING
Regular Panel Decision

Chambers v. TRM Copy Centers Corp.

Lorenzo Chambers filed an employment discrimination suit against TRM Copy Centers Corporation under Title VII, alleging wrongful termination. TRM countered with claims of performance issues and a violation of their anti-moonlighting policy. The court acknowledged weaknesses in TRM's justifications but found no direct or indirect evidence of discrimination, such as statistical data or prejudiced remarks. The judge determined that the employer's inadequate explanation for dismissal does not, by itself, constitute affirmative evidence of discrimination. Consequently, TRM's motion for summary judgment was granted, leading to the dismissal of Chambers' claims.

Employment DiscriminationTitle VIISummary JudgmentRacial DiscriminationNational Origin DiscriminationWrongful TerminationAfter-Acquired EvidenceMoonlighting PolicyBurden of ProofDisparate Treatment
References
17
Case No. MISSING
Regular Panel Decision

United States v. Certified Environmental Services, Inc.

Following a nine-day trial, defendants Certified Environmental Services, Inc. (CES), Nicole Copeland, Sandy Allen, and Elisa Dunn were found guilty of multiple charges including conspiracy, Clean Air Act violations, mail fraud, and false statements related to improper asbestos abatement. Co-defendant Frank Onoff pleaded guilty to conspiracy. The court held a hearing to determine restitution amounts owed to victims, as CES facilitated illegal "rip-and-run" asbestos removal by other contractors, Aapex and Paragon, through improper air monitoring. The court determined a total loss of $117,101.96, which was then apportioned among the defendants based on their contribution and economic circumstances, leading to specific restitution orders for each convicted party.

Asbestos AbatementClean Air Act ViolationsToxic Substances Control ActMail FraudConspiracyFalse StatementsRestitution OrderEnvironmental CrimesCorporate LiabilitySupervisory Role
References
8
Case No. ADJ3235679
Regular
May 10, 2011

JENNIFER MILLER vs. COUNTY OF ALAMEDA, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the defendant violated Labor Code section 132a. The defendant argued the finding of discrimination was speculative and lacked sufficient evidence. The Board is granting reconsideration to thoroughly review the case, especially given the absence of the applicant's response to the petition. An order was issued requiring the applicant to submit a copy of her answer for the Board's review.

Labor Code section 132adiscriminationreconsiderationFindings and Awardapplicantdefendantworkers' compensation judgeWCJReport and Recommendationdue process
References
1
Case No. MISSING
Regular Panel Decision

Green Hills (USA), L.L.C. v. Aaron Streit, Inc.

Green Hills, LLC brought an action against Aaron Streit, Inc. and Certified Environments, Inc. for violations of the Resource Conservation and Recovery Act (RCRA) and New York Navigation Law, along with other common law provisions. The dispute arose after Green Hills purchased a property from Streit's, which was previously inspected by CEI, and subsequently discovered leaked heating oil from underground storage tanks. Green Hills alleges that Streit's misrepresented the property's environmental condition and CEI failed to detect the hazards. Defendants moved to dismiss various counts of the complaint, with Streit's arguing lack of subject matter jurisdiction and failure to state a claim under RCRA, and CEI arguing the economic loss rule bars certain state-law claims. The court denied both defendants' motions to dismiss, finding sufficient allegations for an RCRA claim and exercising supplemental jurisdiction over state-law claims against CEI. The court also granted Green Hills' cross-motion to amend its complaint.

RCRAEnvironmental LawHazardous WasteUnderground Storage TanksContaminationNew York Navigation LawMotions to DismissSubject Matter JurisdictionFailure to State a ClaimSupplemental Jurisdiction
References
29
Case No. MISSING
Regular Panel Decision
Oct 28, 1997

Lurzer GMBH v. American Showcase, Inc.

Lurzer GMBH sued American Showcase, Inc. and The One Club For Art & Copy, Inc. for various claims, including trademark infringement, false advertising, and breach of contract. American had previously initiated arbitration regarding a breach of contract claim. Defendants moved to stay Lurzer's lawsuit pending arbitration, while Lurzer cross-moved to stay or dismiss the arbitration. The Court denied the defendants' motion to stay except for specific breach of contract, fiduciary duty, and good faith/fair dealing claims, finding the arbitration clause in the 1987 Agreement valid and broadly applicable to contract-related disputes, but not trademark ownership disputes. The Court also denied Lurzer's motion to stay or dismiss American's arbitration claim regarding advertising page limits, confirming the arbitration clause's applicability and the nature of the claim as non-past due moneys.

Arbitration AgreementTrademark DisputeContract InterpretationBreach of Fiduciary DutyCovenant of Good Faith and Fair DealingStay of ProceedingsFraudulent InducementFederal Arbitration ActScope of ArbitrationAdvertising Contract
References
7
Case No. ADJ9173159
Regular
Dec 09, 2016

GARY COTTLE vs. TONY'S EXPRESS, CALIFORNIA TRUCKERS' SAFETY ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior administrative law judge's (WCJ) order. This order addressed penalties for unreasonable delay in payment and sanctions for bad faith litigation. Crucially, the WCAB has not received a petition for reconsideration from defendant CTSA and requires them to submit a copy of their petition and proof of timely filing within 20 days. Failure to comply will result in the WCAB proceeding with only the applicant's petition.

WCABPetition for ReconsiderationLabor Code Section 5814Unreasonable DelayCompensation PaymentLabor Code Section 5813Bad Faith LitigationLienTimely FiledProof of Service
References
0
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